Speed Limiter Rulemaking Delayed – But It Is Coming!

The Federal Motor Carrier Safety Administration says not to expect further steps on the speed limiter rulemaking until this fall at the earliest. The release of a supplemental notice of proposed rulemaking was anticipated for this summer.

Why the delay? First, consider that FMCSA received over 15,600 comments on the advance notice of proposed rulemaking. An ANPRM simply solicits input and tests out possible regulatory ideas. Imagine, then, the response FMCSA would receive to an NPRM, the notice of proposed rulemaking that seeks reaction to the actual proposed speed limiter rule. To be prepared, FMCSA must first digest the 15,600 comments received and then use that input to establish the parameters of the proposed rule. Besides yes or no on whether speed limiters will be proposed, the questions begging to be answered include:

• What maximum truck speed – 60, 65, 68, 70 mph – should it propose?
• Will a higher speed limit require other technology, such as automatic emergency braking and adaptive cruise control?
• Can speed limiters be overridden, and in what circumstances?
• How will law enforcement check for the presence and activation of the speed limiter? What penalties would apply to violations?
• Will a speed limiter mandate apply only to newly-manufactured trucks or to all commercial motor vehicles – and, as of what model year?

There are many, many more questions to be answered. As of now, it appears those answers must wait until the fall. In the meantime, ICSA will begin requiring new members joining after July 1, 2023 to limit speeds in their power units to 68 mph and asking current members to voluntarily limit speeds in their power units.